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Ordinance 2918CITY OF ALAMEDA ORDINANCE NO. 2918 APPROVING AN AUTHORIING THE SALE OF A OF VACATED PORTION OF ADAMS STREET (REQUIRS FOUR AFFIRMATIVE VOTES) WHEREAS , the California Streets and Highways Code authorizes the City Council to grant a street vacation upon finding of General Plan confonnity and after receiving the recommendation ofthe Planning Board; and WHEREAS , on October 4 , 1983 , Resolution No. 10170 , finding vacation of Adams Street at Fernside Boulevard consistent with the General Plan and approving the vacation was adopted by the City Council; and WHEREAS , on Januar 12 , 2004 the Planning Board resolved that the sale of the vacated portion of Adams Street to be consistent with the requirements of Governent Code 65402; and WHEREAS , the sale of this property is exempt trom CEQA review under CEQA Guideline Section 15312 "Surlus Govemment Property Sales ; and WHEREAS, pursuant to City Charter section 3-, no real property ofthe City shall be leased for a period in excess of one year or sold, except for an affnnative vote of four members of the City Council. NOW, THEREFORE , BE IT ORDAIND by the Council ofthe City of Alameda and upon the affinnative vote of four members that: Section 1 . That the purchase offer attached as Exhibit A and the tenns , conditions and covenants contained therein are hereby approved. Section 2 . That the City Manager or his designee is authorized to execute on behalf of the City the sale of the vacated portion of Adams Street at Fernside Boulevard to the adjacent property owner , Forrest Reed , and the City Clerk is directed to attest to the same. Attest: Lara Weisiger, City City of Alameda COUNR OFFR TO PURCHAE REAL ESTATE Be it known, the undersigned, City of Alameda, Marge McLea, (S ller), hereby offers the counter offer to Forrest Reed's offer dated October 6, 2003 on behalf of himself (Buyer) topurchase from the City of Alameda (Ower/SeIler) vacaijt real estate at the northeast comer of Adams Street and Fernside Boulevard, within the City and County of Alameda, California. Theselling price shall be at $15.00 per square foot, as per the c011pleted appraisal. For a total price of$II OOO. The offer is conditional upon the following tenns ,and conditions and upon City of Alameda City Council approval of sale: 1. The Purchase Price shall be paid by the Buyer to the Seller in cash at the closing. 2. Title to the Subject Property shall be conveyed to the Buyer by a Grant Deed. 3. Escrow for purchase of the Subject Property shall be opened by Buyer at an Escow offce located within the City of Alameda. Costs for said escrow shall be paid by Buyer. 4. As a condition of closing, the Seller shall provide the Buyer with a standard ALTA owner s policy of title insurance issued by the Escrow Holder in the face amount of the Purchase Price. Said policy shall insure that fee title interest in the Subject Propert is vested in Buyer subject to no exceptions in the policy other than mutually agreed upon Permitted Exceptions. The premium for the title insurance policy shall be paid solely by the Buyer. S. Buyer acknowledges that Buyer is familar with the Subject Propert and the underlyingsoil conditions. As a result, the Seller is making no representations or waranties regarding the Subject Propert, and the Buyer agrees to purchase the Subject Propert AS IS" and is solely relying on its own knowledge and investigation of the Subject Property. Buyer is solely responsible for detennining whether buyer s parcel, when combined with purchased parcel, meets city requirements for a "buildable" parcel. Page 2 6. Seller shall pay for recording fees and transfer taxes. 7. The closing shall occur within 90 days of acceptance of this offer and/or approval by City Council. 8. Buyer to prepare and obtain approval of lot adjustment map, certifcate of compliance and/or other maps and documents as needed to accomplish this sale. 9. Seller acknowledges receipt of Buyer s check in the amount of $5 000 as both a good faith deposit and to cover Seller s administration costs associated with sale of this proper and agrees that any and all remaining funds from this deposit wil be credited towards the purchase price as par of escrow. 10. Seller also acknowledges that hould the City Council not authorie the sale of this proper, the deposit of $5 000 , wil be returned in full. ItJ/Z , the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3 day of February, 2004 by the following vote to wit: AYES:Councilmembers Daysog, Gilmore , Kerr, Matarrese, and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this th day of Februar, 2004. Lara Weisiger , City City of Alameda